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Discipline / Investigations

Growing threat: Courts uphold broad interpretation of retaliation

05/01/2001
John McMenemy was a lieutenant in the Rochester Fire Department as well as a union officer. He claimed the city twice passed him over for promotion because, while in his union …

Worker causes death, wins compensation

04/01/2001
Leonard Bailey was operating a forklift at a steel company when he accidentally ran over and killed a co-worker. As a result, Bailey was treated for severe depression and tried to …

Harassment: Your response makes all the difference

04/01/2001
Case 1: The ‘sex’retary Lesley Gentry’s boss constantly hugged her, kissed her and made suggestive comments, such as asking her to “try out the back counter” with him. He gave …

Participants in illegal action don’t lose whistle-blower protection

04/01/2001
Franklin Gold didn’t get along with his supervisor at the landfill. When the supervisor hit Gold with a six-month probation for spilling leachate, Gold went to the big boss and told …

Worker has duty to file complaint.

04/01/2001
Lynne Barrett told seven other employees, the CEO’s son and two lawyers that her supervisor sexually harassed her. But she never reported the misconduct to any of the 12 managers designated …

Grooming policies: Establish limits, not discrimination

04/01/2001
Frank’s boss asked him to quit wearing his earring to work. Frank refused, arguing that women in the office were allowed to wear earrings. He was fired and then sued for …

Addiction isn’t a license for unacceptable behavior.

03/01/2001
The city of Chicago fired Daniel Pernice after he was arrested off duty for disorderly conduct and possessing cocaine. He argued that his addiction was a disability and having drugs was …

Stamp out harassment without trampling on free speech

03/01/2001
A CEO, an HR manager and an attorney walk into a bar …. If any joke in the workplace makes you think, “lawsuit!”, you aren’t alone. The laws requiring you …

Treat unauthorized overtime as discipline issue

03/01/2001

Q. We verbally warned an employee not to work overtime. Recently, he claimed to have worked 56 hours straight, eating and sleeping only on regular break times. The timecards say he was here, but we don’t have any night staff, so we can’t verify if he was actually at work. Is there anything we can do? —S.T., Michigan

Employee is covered under ADA if you perceive him to be disabled

02/01/2001
After downing at least nine beers during and after a company dinner, which followed a training program, Ray Zakaras spoke freely about his objections to the program and made rude comments …